Disposed

Abhinav Education Society v. Bank of Baroda

DRAT9 Dec 2024IA/833/2024

Case brief

AI extract

What is this about?

This interim appeal was disposed of as infructuous because a fresh protection application was filed and listed in the lower Tribunal, rendering the current application obsolete. A direction was issued for the lower court to decide the new application on merits.

What did the court decide?

The appeal was disposed of; the DRt was directed to dispose of I.A. No. 2913/2024 on merits on 10.12.2024.

Abhinav Education Society versus Bank of Baroda — Contract and Commercial Disputes | DRAT (2024)

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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson

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I.A. No. 833/2024 (WoD) In

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Misc. Appeal on Diary No. 2472/2024

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Between

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Abhinav Education Society & Ors. … Appellant/s

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V/s.

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Bank of Baroda …Respondent/s

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Mr Yogesh K. Deshpande, Advocate for Appellants. Mr U.N. Fuladi along with Mr S.N. Fuladi, Advocates for Respondent.

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This is an application challenging the order dated 22.10.2024 dismissing I.A. No. 2672/2024 in Securitisation Application No. 167/2019 (S.A.) on the files of Debts Recovery Tribunal, Pune (D.R.T.) concerning the Sarfaesi measures initiated by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”, for short) for recovery of the debt allegedly due by the appellants.

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The appellants were facing the threat of being dispossessed from the secured asset on 22.10.2024. However, even consequent to the dismissal of this application for protection, the possession was not taken on that date and now it appears that a fresh notice of dispossession dated 23.10.2024 has been issued by the Tehsildar u/s 14 of the SARFAESI Act intending to take possession on 11.12.2024.

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It is submitted that an application for protection has been filed afresh before the D.R.T., Pune as I.A. No. 2913/2024 and that has to be decided on merits. I am told by the Ld. Counsel appearing for the parties that the application is listed for hearing tomorrow, i.e. 10.12.2024. Since the protection sought in the impugned order has now become infructuous, I do not find any need for the appeal to be entertained and therefore, this appeal stands disposed of with a direction to the D.R.T., Pune to consider I.A. No. 2913/2024 referred to above for protection and dispose the same on merits tomorrow itself.

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There is an application for waiver of deposit and the respondent bank has filed a reply to that application. Given the order above, it has become infructuous and hence, also stands disposed of.

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nrp-06

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Abhinav Education Society v. Bank of Baroda

Case brief

What is this about?

What did the court decide?

Abhinav Education Society v. Bank of Baroda

Case brief

What is this about?

What did the court decide?

What the court decided

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